Florida Immigration Legal Questions

Based upon the information provided you do not appear to be eligible for a green card. Having a United States citizen child creates no path to residence unless the child is at least 21 years of age. You could file for asylum. You file for asylum by completing a Form I-589 and filing it with USCIS. To be eligible for asylum, you must have a well-founded fear of persecution on account of your race, nationality, religion, political opinion, or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

This individual's options are limited. He is currently in the country without authorization. His employment authorization was terminated upin denial of his green card application. His employment authorization would only continue if a motion to reopen/reconsider has been filed as to his green card application. His only option at this point is to challenge the fraud finding, if possible. A finding that an alien committed marriage fraud makes him/her ineligible to ever receive an immigrant visa regardless of who petition for him. He could potentially obtain refugee protection but only if he has a fear of persecution or torture in his country. Your brother needs to be working with an attorney. You can read more about marriage fraud at http://myattorneyusa.com/marriage-fraud.... Read Answer

  Your Q requires too many Qs on my part. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

The processing time and costs will depend upon which employment-based category you intend to pursue. The process could take anywhere from 6 to 12 months assuming you qualify for either EB-1 or EB-2 classification. Having a PhD alone is not simufficuebt to obtain a green card. There will be other requirements that must be met. You may be required to have an employer sponsor you. You may be required to show exceptional or extraordinary ability. You can read more about employment immigration at http://myattorneyusa.com/employment-immigration.... Read Answer

Your application for adjustment of status may be denied. You departed the United States while the application was pending and did not re-enter with advance parole. This can lead to a finding that you abandoned your application. If you are deemed to have abandoned your application, it will be denied. You may need to start the adjustment of status process from scratch. The issue you could potentially face starting anew is immigrant intent at the time of your last entry. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Giving birth to a child in the United States provides you with no basis to pursue citizenship or a green card. Your child could only petition for you to receive a green card after he has reached the age of 21. There are no interim benefits that allow you to have status while waiting for him to reach 21. In addition, if you and your wife rely on Medicaid or other public assistance to pay for the birth of your child, you will likely face difficultly entering the U.S. in the future or obtaining a visa. ... Read Answer

Your husband could petition for you but you need to proceed carefully. First, seeking adjustment of status through a petition filed by the abusive spouse after VAWA has been approved could raise questions about the sincerity of your VAWA claim. It is not prohibited to seek adjustment of status through a mm abusive spouse but the interviewing officers are human. The interviewing officer will likely wonder why. Second, your husband agrees to do this now. What happens three months from now when he stops cooperating? What happens we intentionally sabotages the interview? You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You will likely be taken into immigration custody after release from criminal custody at which time removal proceedings will be initiated against you. If you do not challenge your removal, you will be ordered removed promptly and then efforts will be made to effectuate the order. You will likely be subject to a permanent bar to admission based upon your conviction. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

This is a situation where you really need to consult an attorney. You are out of status which makes you removable from the country but you are not necessarily under threat of immediate removal. You need to decide whether you want to continue to be with this individual and if so, is he going to follow through on the divorce this time. You may be eligible to self-petition but more information is needed. You can read more about the adjustment of status process at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You can have two H-1B's at one time with different employers as long as you are able to perform both jobs. In situations where an individual has an H-1B visa stamp from one employer, and quits and goes to a second employer which has an H1B approval, an H-1B visa stamp for the second employer is not necessary and the individual can travel using the first employer's H-1B stamp and carrying the current H-1B I-797 petition approval. So given the non-necessity of having 2 distinct visas there, there is the chance that even if you are working for both employers at the same time, a consular officer may believe that it is not necessary for you to have two H-1B visas. A consular officer may also believe that annotating the name of the second employer under the present visa would be enough. Finally if the consular officer believes that there are questions concerning the second H-1B petition, he or she may deny visa issuance. In that case, hopefully nothing that you would have said in the visa interview would cast doubts upon the validity of the already issued H-1B visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

 If you are a US citizen over 21, you can petition for your mother to come to the United States. You can also petition for your brother. However, his visa would take much longer than the one for your mother. Instead, I would recommend petitioning for your mother and after she enters as a permanent resident, she can petition for your brother to follow. This would be the fastest way for your brother to enter the US.   ... Read Answer

Your B1/B2 visa would not be automatically revoked simply because a request for a change of status was denied or a visa application was denied. That being said you risk scrutiny on future trips to the United States, which could result in cancellation of your visa and expedited removal. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

Your situation is not uncommon. Unfortunately, many people find themselves facing allegations of fraud triggered by someone simply being vindictive. You will need to be prepared to show both you and your wife entered your marriage in good faith. You can read more about challenging allegations of marriage fraud at http://myattorneyusa.com/marriage-fraud. Attorneys cannot directly solicit business on this forum so I would recommend you use the find a lawyer feature and contact a few attempt attorneys directly.... Read Answer

There are several forms that must be completed to adjust your husband's status from nonimmigrant to lawful permanent resident. You, as the United Stares citizen petitioner, will need to complete Form I-130, Form G-325A, and Form I-864. Your spouse will need to complete Form I-485 and Form G-325A. He may also want to complete Form I-765 and Form I-131 to apply for employment authorization and advance parole. These Forms must all be properly completed and filed with the required initial evidence. I am concerned about your husband's' how long you and your husband have been together before marriage and his intent when entering the country. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You will need to contact attorneys directly for information about fees. You may have difficulty establishing good moral character given the number of times you have been arrested and that multie arrests involved alcohol. I would encourage you to first obtains certificates of disposition for each arrest. You will need to submit these certificates to USCIS. An attorney will also wish to review then to assess the case fully. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

While a child's going to school may have a negative effect upon a change of status to F-1 student, I do not believe that there is a prohibition against allowing a child to go to school while changing to E-2. You may, however, have to convince the school district to allow your stepchild to register. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your E-2 nonimmigrant status would terminate by operation of law if the business in which you invested no longer exists. You would not be authorized to remain in the country. You would begin accruing unlawful presence. Once you accrue 180 days of unlawful presence, you would be subject to a bar to admission. You would not be able to use the visa in your passport once the business ceases operation. You can read more about E-2 visas at http://myattorneyusa.com/e1-e2-and-e3-visas-overview.... Read Answer

You will need to seek a waiver of the joint filing requirement. You could request a waiver if your marriage was entered in good faith but simply ended in divorce. You will need to establish your marriage was in good faith. You should also be prepared to be interviewed. You can read more about the process at http://myattorneyusa.com/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751. This is a situation where it is best to work with an experienced immigration attorney.... Read Answer

Are you still within the 90-day period? If so, you should start the AOS process immediately. If not, you still need to start the AOS process immediately but it will be different as you will need to file Form I-130. Whether she will be able to ultimately become a resident will depend upon the outcome of the criminal case. I strongly encourage you to work with an experienced immigration attorney. You can read more about the AOS process at http://myattorneyusa.com/family-immigration.... Read Answer

This is a situation where you are best advised to consult an attorney. You may apply for asylum at any time if you have a well-founded fear of persecution. You must fear persecution on account of your race, nationality, religion, political opinion, or membership in a particular social group. You are supposed to file for asylum within a year of arrival. There are exceptions to this deadline including if you maintained status. To assess your eligibility for asylum, I encourage you to consult an attorney. You can read more at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer